Fl HOA Violations

New to this forum and to the BOD of my small HOA community. I see others here from Florida and I'm hoping someone can answer a few questions for me.

Two members are from the old board and handled violations(including repeat)by verbal warnings and by reminders in quarterly newsletters. Because of increasing complaints from homeowners the previous board directed homeowners to verbally warn the violators in person. My guess for this suggestion was the fact that most complaints were not CC&Rs violation related.

The new board wants to be more proactive and revisit the CC&Rs and maybe suggest changes that keep up with the times. We realize the necessity to have a 2/3 vote of members in a quorum and recording any changes with the Clerk of Court. My main concern is after reading the CC&Rs (and the old board members concur)the issue of violation warnings, fines, mediation etc is NOT addressed in the CC&R's.

If this is the case, does the BOD follow Florida Statutes concerning HOAs or are homeowners not obligated to follow the CC&Rs? I'm also wondering if our CC&Rs copies are not complete. I don't understand any developer going through the trouble and process of creating a deed restricted community and then not providing a remedy for continuing and repeat violations.

Thanks in advance for replies or comments to my questions!

Jim

JIM

Our docs allow for fining but they do not specifically set amounts nor procedures. When the declarant turns over control to we owners, one of the first things on our list is to set up a fining amount and procedures and adhere to them.

We intend to do this with Rules and Regulations (which can be made by the BOD alone) as we see that the place to clarify, structure things allowed but not clarified nor structured in the docs.

Hope this helps.

Fines can not be the basis of a lien or foreclosure in most states. It can be ONLY for unpaid dues. This is to include late fees and interest which work similar to a fine but are attached strictly to the unpaid dues.